Tribunal upheld the Minor Injury Guideline cap, finding no pre-existing conditions or chronic pain precluding recovery.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent insurer determined the injuries fell within the Minor Injury Guideline (MIG) and capped treatment funding at $3,500.
The applicant applied to the Licence Appeal Tribunal, arguing that pre-existing conditions and chronic pain syndrome warranted removal from the MIG.
The Tribunal found no compelling evidence of pre-existing conditions that would preclude recovery within the MIG, preferring the respondent's medical examination over the applicant's physiatry report due to internal contradictions in the latter.
The Tribunal concluded the applicant suffered predominantly soft-tissue injuries falling within the minor injury definition.
As the $3,500 funding limit had been exhausted, the disputed treatment plans and claim for interest were dismissed.
OLATOntario Licence Appeal TribunalJul 31, 2020
